ALBANY, N.Y. (Legal Newsline) — A consumer is alleging in a class action against Nestle that the company's Ovaltine is falsely labeled as a good source of vitamins and minerals and as containing no artificial ingredients.
Mary McMenamy, individually and on behalf of all others similarly situated, filed a complaint Oct. 11 in the U.S. District Court for the Northern District of New York against Nestle USA Inc., alleging violation of state of consumer fraud acts, negligent misrepresentation, and other claims.
McMenamy claims that Nestle's Ovaltine mix is falsely labeled as a "good source of 12 vitamins and minerals" and that it contains "no artificials." Specifically, McMenamy claims Ovaltine is not a good source of vitamins and minerals because that requires mixing it with vitamin A & D milk which is listed on the product's third column under nutrition facts. She also claims consumers expect the "no artificials" marking on the Ovaltine label means no artificial ingredients when it actually contains bioengineered ingredients.
McMenamy alleges Nestle is using false and misleading representations on the Ovaltine label and sells the product at a premium price to consumers who would have paid less knowing its true ingredients and nutritional value. She also alleges Nestle had a duty to disclose and provide non-deceptive descriptions in the marketing of Ovaltine such as it being a good source of vitamins but only with added ingredients.
McMenamy and the class seek monetary relief, trial by jury and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates in Great Neck, New York, and James Chung of The Law Office of James Chung in Bayside, New York.
U.S. District Court for the Northern District of New York case number 5:22-CV-01053-TJM-ATB